This paper considers the analogies and disanalogies between a certain sort of argument designed to oppose scepticism about free will and a certain sort of argument designed to oppose scepticism about the external world. In the case of free will, I offer the ancient Lazy Argument and an argument of my own, which I call the Agency Argument, as examples of the relevant genre; and in the case of the external world, I consider Moore’s alleged proof of an external world. (...) I draw attention to analogies and disanalogies between the arguments offered in each case in order to suggest that although the Agency Argument shares with its Moorean relative the unfortunate property of being dialectically ineffective against some of those it is mainly hoping to convince, it will not be dialectically ineffective against all of them. It is also argued that the Agency Argument is less vulnerable than Moore’s proof to worries about its justificatory structure. (shrink)

As neuroscience progresses, we will not only gain a better understanding of how our brains work, but also a better understanding of how to modify them, and as a result, our mental states. An important question we are faced with is whether the state could be justified in implementing such methods on criminal offenders, without their consent, for the purposes of rehabilitation and reduction of recidivism; a practice that is already legal in some jurisdictions. By focusing on a prominent type (...) of view of free action, which I call bypassing views, this paper evaluates how such interventions may negatively impact the freedom of their subjects. The paper concludes that there will be a tension between the goals of rehabilitation and reduction of recidivism, on the one hand, and the negative impact such interventions may have on free action, on the other. Other things equal, the better that a particular intervention is at achieving the former, the more likely it is to result in the latter. (shrink)

Libertarianism about free will conjoins the thesis that free will requires indeterminism with the thesis that we have free will. Here the claim that we have experiential evidence for the libertarian position is assessed. It is argued that, on a straightforward reading, the claim is false, for our experiences as agents don't support the claim that free will requires indeterminism. However, our experiences as agents may still have a role to play in an overall case for libertarianism, insofar as they (...) give us some (defeasible) reason to think that we have free will. This latter claim is defended against a pair of objections that have been leveled against it. (shrink)

Luck skepticism is the view that no one is ever morally responsible for anything because of the nature and ubiquity of luck. One acclaimed argument in favor of this view is Neil Levy’s luck pincer. The luck pincer holds that all morally significant acts or events involve either present luck, constitutive luck, or both and that present and constitutive luck each negate moral responsibility. Therefore, no one is ever morally responsible for any action or event. I argue that this argument (...) is unsound as both of its premises are false. First, not all morally significant events involve present or constitutive luck. Some morally significant events are non-lucky. Second, present and constitutive luck do not always negate moral responsibility. Luck – independent of ontological concerns – is not as threatening to free will as is often thought. (shrink)

A common style of argument in the literature on free will and moral responsibility is the Manipulation Argument. These tend to begin with a case of an agent in a deterministic universe who is manipulated, say, via brain surgery, into performing some action. Intuitively, this agent is not responsible for that action. Yet, since there is no relevant difference, with respect to whether an agent is responsible, between the manipulated agent and a typical agent in a deterministic universe, responsibility is (...) not compatible with the truth of determinism. In response, some theorists have argued that there is a relevant difference, and have developed two sorts of accounts of that difference: bypassing views, and manipulator-focused views. Manipulator-focused views suggest that the difference concerns the presence of a manipulator, whereas bypassing views suggest that the relevant difference concerns the fact that the action issues from attitudes that the manipulated agent acquired in a way that bypassed her capacities for control over her mental life. One sort of case used to decide between these sorts of accounts is a case of machine induction, which is just like a manipulation case, yet the change in the agent is the result of some natural force. Against the received view, Xiaofei Liu argues that such cases pose problems for bypassing views, and favor manipulator-focused views instead. This paper addresses Liu’s arguments, as well as a variety of cases, concluding that cases of machine induction do not provide motivation for a bypassing theorist to adopt a manipulator-focused view. (shrink)

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action occurs or (...) not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

This paper focuses on a non-volitional account that has received a good deal of attention recently, Angela Smith's rational relations view. I argue that without historical conditions on blameworthiness for the non-voluntary non-volitionist accounts like Smith’s are (i) vulnerable to manipulation cases and (ii) fail to make sufficient room for the distinction between badness and blameworthiness. Towards the end of the paper I propose conditions aimed to supplement these deficiencies. The conditions that I propose are tailored to suit non-volitional accounts (...) of blameworthiness. Unlike some volitional historical conditions on blameworthiness, the conditions that I propose do not require that the person have exercised voluntary control (e.g., via choices or decisions) over the acquisition of her attitudes or values. (shrink)

The Luck Problem has existed in one form or another since David Hume, at least. It is perhaps as old as Stoic objections to the Epicurean swerve. Although the general issue admits of different formulations with subtly different emphases, the characterization of it that will serve as my target focuses on “cross-worlds” luck, a kind of luck that arises when the decision-making of agents is indeterministic.

Plausibly, agents act freely iff their actions are responses to reasons. But what sort of relationship between reason and action is required for the action to count as a response? The overwhelmingly dominant answer to this question is modalist. It holds that responses are actions that share a modally robust or secure relationship with the relevant reasons. This thesis offers a new alternative answer. It argues that responses are actions that can be explained by reasons in the right way. This (...) explanationist answer comes apart from the modalist answer. For it holds that actions are responses to reasons if they are explained by those reasons even if they don’t share a modally robust relationship. Explanationism thus offers a novel way of vindicating the intuition that alternative possibilities don’t matter to responding to reasons and (consequently) free agency. The key dialectical position the thesis develops is that both modalism and explanationism constitute attempts to capture he core type of relationship encoded by the notion of a response. Responses to reasons, at core, involve a non-accidental relationship between reason and action. We can either understand non-accidentality as a modal phenomenon – as a modally robust tracking between two facts. Or we can understand non-accidentality as an explanatory phenomenon – as a special explanatory relationship between two facts. According to my rival explanationist proposal, two facts share a non-accidental relationship iff we can give a unified explanation of why both obtain. Unified explanations are explanations of why [p&q] that cannot be decomposed into two (or more) separate independent explanations of p and of q. Consequently, according to explanationism about responding to reasons, actions are responses to reasons iff those reasons offer a rational explanation of the action that cannot be decomposed into separate independent components. (shrink)

Derk Pereboom's Four-Case Argument is among the most famous and resilient manipulation arguments against compatibilism. I contend that its resilience is not a function of the argument's soundness but, rather, the ill-gotten gain from an ambiguity in the description of the causal relations found in the argument's foundational case. I expose this crucial ambiguity and suggest that a dilemma faces anyone hoping to resolve it. After a thorough search for an interpretation which avoids both horns of this dilemma, I conclude (...) that none is available. Rather, every metaphysically coherent interpretation invites either a hard- or soft-line reply to Pereboom's argument. I then consider a recharacterization of the dilemma which seems to clear the way for the defence of a revised Four-Case Argument. I address this rejoinder by identifying a still more fundamental problem shared by all viable interpretations of the manipulation cases, showing that each involves a type of manipulation which undermines the victim's agency. Because this diagnosis supports a soft-line reply to every viable interpretation of the argument and can be endorsed by any compatibilist, I consider it the final piece of the Soft-line Solution to the Four-Case Argument. Finally, I suggest a new taxonomy of manipulation arguments, arguing that none that employs the suppressive variety of manipulation found in Pereboom's argument offers a threat to compatibilism. -/- (For direct download option, search Kristin M. Mickelson, Soft-line Solution). (shrink)

In a recent paper, Kristin Mickelson argues that Alfred Mele’s Zygote Argument, a popular argument for the claim that the truth of determinism would preclude free action or moral responsibility, is not valid. This sort of objection is meant to generalize to various manipulation arguments. According to Mickelson, the only way to make such arguments valid is to supplement them with an argument that is an inference to the best explanation. In this paper, I argue that there are two other (...) ways in which the proponent of such manipulation arguments can modify their argument, neither of which requires an inference to the best explanation. I then briefly consider and respond to a worry with one of these proposed solutions. (shrink)

In the theoretical literature on moral responsibility, one sometimes comes across cases of manipulated agents. In cases of this type, the agent is a victim of wholesale manipulation, involving the implantation of various pro-attitudes (desires, values, etc.) along with the deletion of competing pro-attitudes. As a result of this manipulation, the agent ends up performing some action unlike any that she would have performed were it not for the manipulation. These sorts of cases are sometimes thought to motivate historical views (...) of responsibility, on which the agent’s past is relevant to whether she is responsible for a specific action. In a recent paper, Daniel Sharp and David Wasserman bring these theoretical discussions on moral responsibility to bear on practical issues regarding neurological modifications of individuals. After proposing and arguing for a historical view, Sharp and Wasserman offer some insight into how such a view may help us in determining the responsibility of subjects who have undergone Deep Brain Stimulation. This paper aims to join this discussion, by arguing that the correct historical view to be applied will also appeal to the agent’s control over her mental life and the fact that this was bypassed. I conclude with some brief comments on the practical implications of such a historical view. (shrink)

Determinism is frequently understood as implying the possibility of perfect prediction. This possibility then functions as an assumption in the Manipulation Argument for the incompatibility of free will and determinism. Yet this assumption is mistaken. As a result, arguments that rely on it fail to show that determinism would rule out human free will. We explain why determinism does not imply the possibility of perfect prediction in any world with laws of nature like ours, since it would be impossible for (...) an agent to predict with certainty any future event that is causally influenced by events outside her own backward light cone yet inside the backward light cone of the future event. This is the _light-cone limit_ and it undermines the Manipulation Argument or limits what this argument can tell us about the relevance of determinism to free will. We also respond to objections that the light-cone limit is irrelevant to the Manipulation Argument. (shrink)

Do we have free will? Understanding free will as the ability to act freely, and free actions as exercises of this ability, I maintain that the default answer to this question is “yes.” I maintain that free actions are a natural kind, by relying on the influential idea that kinds are homeostatic property clusters. The resulting position builds on the view that agents are a natural kind and yields an attractive alternative to recent revisionist accounts of free action. My view (...) also overcomes difficulties confronted by previous views according to which free actions might be a natural kind. On my view, free actions exist and we often act freely, as long as we possess various features that are related in the right sorts of ways to each other and to the world. In turn, we acquire and retain the concept as long as most of us possess enough of those features. (shrink)

We use recent interventionist theories of causation to develop a compatibilist account of causal sourcehood, which provides a response to Manipulation Arguments for the incompatibility of free will and determinism. Our account explains the difference between manipulation and determinism, against the claim of Manipulation Arguments that there is no relevant difference. Interventionism allows us to see that causal determinism does not mean that variables outside of the agent causally explain her actions better than variables within the agent, whereas the causal (...) source of a manipulated agent’s actions instead lies outside of the agent in the intentions of the manipulator. As a result, determined agents can have free will and be morally responsible in a way that manipulated agents cannot, contrary to what Manipulation Arguments conclude. In this way, our account demonstrates not only how Manipulation Arguments fail but also how compatibilism can be strengthened by means of a plausible account of causal sourcehood. (shrink)

(2014). Cross-world luck at the time of decision is a problem for compatibilists as well. Philosophical Explorations: Vol. 17, No. 2, pp. 112-125. doi: 10.1080/13869795.2014.912673.

Hobart’s classic 1934 paper “Free Will as Involving Determination and Inconceivable Without It” has been widely cited as an example of an argument for the view that free will requires the truth of determinism. In this paper, I argue that this reading of Hobart’s paper is mistaken and that we should instead read Hobart as arguing that an agent exercises their free will only if the proximate causes of the agent’s action deterministically cause their action. After arguing that Hobart’s view, (...) rightly understood, escapes the problems typically raised for Hobart’s compatibilism, I also argue that Hobart’s view is problematic for different reasons. Nevertheless, I argue that there is a crucial insight to be gleaned from Hobart’s paper—one that provides compatibilists with a new recipe for challenging libertarian accounts of free will. (shrink)

I argue that any account attempting to do away with resultant or circumstantial moral luck is inconsistent with a natural response to the problem of constitutive moral luck. It is plausible to think that we sometimes contribute to the formation of our characters in such a way as to mitigate our constitutive moral luck at later times. But, as I argue here, whether or not we succeed in bringing about changes to our characters is itself a matter of resultant and (...) circumstantial moral luck. I conclude with a dilemma, both horns of which require accepting some form of moral luck. (shrink)

Some compatibilists are internalists. On their view, whether an agent is morally responsible for an action depends only on her psychological structure at that time. Other compatibilists are externalists. On their view, an agent’s history can make a difference as to whether or not she is morally responsible. In response to worries about manipulation, some internalists have claimed that compatibilism requires internalism. Recently, Alfred Mele has argued that this internalist response is untenable. The aim of this paper is to vindicate (...) the claim that compatibilism requires internalism, showing where Mele’s argument goes wrong along the way. (shrink)

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have been (...) manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (shrink)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases raise problems (...) for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

In this paper, we focus on the moral responsibility of organized groups in light of historicism. Historicism is the view that any morally responsible agent must satisfy certain historical conditions, such as not having been manipulated. We set out four examples involving morally responsible organized groups that pose problems for existing accounts of historicism. We then pose a trilemma: one can reject group responsibility, reject historicism, or revise historicism. We pursue the third option. We formulate a Manipulation Condition and a (...) Guarding Condition as addendums to historicism that are necessary to accommodate our cases of group responsibility. (shrink)

The compatibility of determinism and the ability to do otherwise has been implicitly assumed by many to be irrelevant to the viability of compatibilist responses to the manipulation argument for incompatibilism. I argue that this assumption is mistaken. The manipulation argument may be unsound. But even so, the manipulation argument, at the very least, undermines classical compatibilism, the view that free will requires the ability to do otherwise, and having that ability is compatible with determinism. This is because classical compatibilism, (...) in conjunction with any type of reply to the manipulation argument, has counterintuitive implications. In order to avoid such implications, we need not hold that determinism is incompatible with moral responsibility. But we must hold that determinism is incompatible with the ability to do otherwise. (shrink)

According to deliberation compatibilism, rational deliberation is compatible with the belief that one’s actions are causally determined by factors beyond one’s control. This paper offers a counterexample to recent accounts of rational deliberation that entail deliberation compatibilism. The counterexample involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It is further argued that there is no relevant difference between the purported counterexample and ordinary doxastic circumstances in which a determinist deliberates.

This essay aims to reorient current theorizing about luck as an aid to our discerning this concept's true philosophical significance. After introducing the literature's leading theories of luck, it presents and defends counterexamples to each of them. It then argues that recent luck theorists’ main target of analysis—the concept of an event's being lucky for a subject—is parasitic on the more fundamental notion of an event's being a stroke of luck for a subject, which thesis serves as at least a (...) partial diagnosis of the leading theories’ failure. Next, it develops an analysis of strokes of luck that utilizes insights from the recent luck literature. Finally, having set out a comprehensive new analysis of luck—the Enriched Strokes Account of lucky events—the essay revisits the initial counterexamples to the literature's leading theories and argues that the Enriched Strokes Account properly handles all of them. (shrink)

The Luck Argument is among the most influential objections to the main brand of libertarianism about metaphysical freedom and moral responsibility. In his work, Alfred Mele [2006. Free will and luck . Oxford: Oxford University Press] develops - and then attempts to defeat - the literature's most promising version of the Luck Argument. After explaining Mele's version of the Luck Argument, I present two objections to his novel reply to the argument. I argue for the following two claims: (1) Mele's (...) reply is either otiose or undermined by his own defense of the Luck Argument from a different objection and (2) Mele's reply turns out to lack the form required to engage the step of the Luck Argument it targets. Having shown that the failure of Mele's novel attack is overdetermined, I close by defending a different (and, I believe, decisive) objection to the Luck Argument - which, as it happens, lurks right under Mele's nose. (shrink)

Many philosophers hold that luck excludes control-more precisely, that an event is lucky for you only if that event lies beyond your control. Call this the Lack of Control Requirement (LCR) on luck. Jennifer Lackey [2008] has recently argued that there is no such requirement on luck. Should such an argument succeed, it would (among other things) disable a main objection to the "libertarian" position in the free will debate. After clarifying the LCR, I defend it against both Lackey's argument (...) and a novel argument different in kind from Lackey's. I undermine each of these arguments by sketching a plausible error theory for its key intuition. For each argument, there's a natural reply available to its proponents. I show that these natural replies depend on certain mistaken general principles about luck. Neither Lackey's argument nor the novel argument I consider casts serious doubt on the LCR. [Word count: 147]. (shrink)

In his (2004), Randolph Clarke assesses an important version of an influential argument against libertarianism about metaphysical freedom. Clarke calls the anti-libertarian argument he evaluates the Contrast Argument. It targets the following claim: there could be an undetermined free act done by S such that S would have freely done something else had S not done the act in question. This modal claim will be endorsed not only by proponents of main brands of libertarianism, but also by action theorists of (...) other stripes – including many compatibilists. Clarke aims to defend the Contrast Argument from a prominent objection by developing a novel case for the premise under attack. I show that Clarke's attempted defense of the Contrast Argument fails, thereby protecting the relevant libertarian and compatibilist positions. In brief, Clarke's argument depends on an ambiguous principle, each available reading of which leaves some or other premise of his argument unjustified. (shrink)

Molinists hold that there are contingently true counterfactuals about what agents would do if put in specific circumstances, that God knows these prior to creation, and that God uses this knowledge in choosing how to create. In this essay we critique Molinism, arguing that if these theses were true, agents would not be free. Consider Eve’s sinning upon being tempted by a serpent. We argue that if Molinism is true, then there is some set of facts that fully explains both (...) Eve’s action and everything else Eve does that influences that action; and that if this is the case, Eve does not act freely. The first premise of this argument follows from the explanatory relations the Molinist is committed to, and the second premise follows from libertarian intuitions about free will. (shrink)

Part of our ordinary conception of our freedom is the idea that commonly when we act—and often even when we don’t act—it is up to us whether we do this or that. This paper examines efforts to spell out what must be the case for this idea to be correct. Several claims regarding the basic metaphysics of agential powers are considered; they are found not to shed light on the issue. Thinking about agents’ psychological capacities provides some illumination, though the (...) idea of freedom remains puzzling. (shrink)

A growing number of philosophers now hold that agent causation is required for agency, or free will, or moral responsibility. To clarify what is at issue, this paper begins with a distinction between agent causation that is ontologically fundamental and agent causation that is reducible to or realized in causation by events or states. It is widely accepted that agency presents us with the latter; the view in question claims a need for the former. The paper then examines a “disappearing (...) agent” argument from Derk Pereboom that is aimed at showing that free will requires agent causation that is ontologically fundamental. It is argued that the argument fails. Further, it is argued that, contrary to Pereboom’s claim, the issue raised by his disappearing agent argument is distinct from the problem of present luck that libertarian theories of free will face. The paper concludes with an assessment of the prospects for success of a disappearing agent argument showing that agent causation that is ontologically fundamental is required for agency tout court. (shrink)

For years, experimental philosophers have attempted to discern whether laypeople find free will compatible with a scientifically deterministic understanding of the universe, yet no consensus has emerged. The present work provides one potential explanation for these discrepant findings: People are strongly motivated to preserve free will and moral responsibility, and thus do not have stable, logically rigorous notions of free will. Seven studies support this hypothesis by demonstrating that a variety of logically irrelevant (but motivationally relevant) features influence compatibilist judgments. (...) In Study 1, participants who were asked to consider the possibility that our universe is deterministic were more compatibilist than those not asked to consider this possibility, suggesting that determinism poses a threat to moral responsibility, which increases compatibilist responding (thus reducing the threat). In Study 2, participants who considered concrete instances of moral behavior found compatibilist free will more sufficient for moral responsibility than participants who were asked about moral responsibility more generally. In Study 3a, the order in which participants read free will and determinism descriptions influenced their compatibilist judgments—and only when the descriptions had moral significance: Participants were more likely to report that determinism was compatible with free will than that free will was compatible with determinism. In Study 3b, participants who read the free will description first (the more compatibilist group) were particularly likely to confess that their beliefs in free will and moral responsibility and their disbelief in determinism influenced their conclusion. In Study 4, participants reduced their compatibilist beliefs after reading a passage that argued that moral responsibility could be preserved even in the absence of free will. Participants also reported that immaterial souls were compatible with scientific determinism, most strongly among immaterial soul believers (Study 5), and evaluated information about the capacities of primates in a biased manner favoring the existence of human free will (Study 6). These results suggest that people do not have one intuition about whether free will is compatible with determinism. Instead, people report that free will is compatible with determinism when desiring to uphold moral responsibility. Recommendations for future work are discussed. (shrink)

This essay examines recent work on abilities to act. Different kinds of ability are distinguished, and a recently proposed conditional analysis of ability ascriptions is evaluated. It is considered whether abilities are causal powers. Finally, several compatibility questions concerning abilities, as well as the relation between free will and abilities of various kinds, are examined.

Many Christian philosophers hold that moral responsibility is incompatible with causal determinism, a thesis known as incompatibilism. But there are good reasons for resisting this trend. To illustrate this, I first examine an innovative recent case for incompatibilism by a Christian philosopher, one that depends crucially on the claim that intuitions favor incompatibilism. I argue that the case is flawed in ways that should keep us from accepting its conclusions. I then argue for a shift in the way that this (...) issue is often approached, namely, that Christian philosophers should deemphasize the role of intuitions in illuminating this topic, and take pragmatic considerations concerning orthodoxy and potential empirical discoveries to favor a kind of agnosticism about the compatibility of determinism and responsibility. (shrink)

This paper aims to defend deliberation-compatibilism against several objections, including a recent counterexample by Yishai Cohen that involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It begins by offering a Moorean-style proof of deliberation-compatibilism. It then turns to the leading argument for deliberation-incompatibilism, which is based on the presumed incompatibility of causal determinism and the ‘openness’ required for rational deliberation. The paper explains why this argument fails and develops a coherent account (...) of how one can rationally deliberate and believe in causal determinism without inconsistency. The second half of the paper then takes up Cohen's proposed counterexample and his Four-Case Deliberation Argument against deliberation-compatibilism, which is meant to mirror Derk Pereboom's famous Four-Case Manipulation Argument. In response, the author defends a hard-line reply to FCDA but also argues that the notion of ‘sourcehood’ relevant to rational deliberation differs from that involved in free will. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

According to what I will call mitigating soft compatibilism, although the truth of determinism is consistent with free action and moral responsibility, determinism nevertheless mitigates praiseworthiness and blameworthiness. In this paper, I take a closer look at this novel brand of compatibilism. My principal aim in doing so is to further explicate the view and to explore ways in which it can be deployed in defense of the more general compatibilist thesis. I also discuss one of the most pressing challenges (...) facing a compatibilist view of this sort, and I offer some suggestions as to how proponents of the view might attempt to address that challenge. (shrink)

Our actions have causes, some of which are beyond our control. Of that there can be no serious doubt. Some worry that this fact undermines the commonsense view that we perform free actions for which we are morally responsible. My aim in this article is to show that such worries are unfounded and, consequently, that pure non-causal theories of free action, according to which free actions must be entirely uncaused, are false. My argument for this conclusion doesn’t presuppose the cogency (...) of existing objections to non-causal theories of free agency. (shrink)

Frankfurt cases are supposed to provide us with counterexamples to the principle of alternative possibilities. Among the most well known responses to these cases is what John Fischer has dubbed the flicker of freedom strategy. Here we revisit a version of this strategy, which we refer to as the fine-grained response. Although a number of philosophers, including some who are otherwise unsympathetic to Frankfurt’s argument, have dismissed the fine grained response, we believe there is a good deal to be said (...) on its behalf. We argue, in particular, that reflection on certain cases involving omissions undermines the main objections to the response and also provides the groundwork for an argument in support of it. (shrink)

_ Source: _Page Count 27 This is an explication and defense of P. F. Strawson’s naturalist theory of free will and moral responsibility. I respond to a set of criticisms of the view by free will skeptics, compatibilists, and libertarians who adopt the _core assumption_: Strawson thinks that our reactive attitudes provide the basis for a rational justification of our blaming and praising practices. My primary aim is to explain and defend Strawson’s naturalism in light of criticisms based on the (...) core assumption. Strawson’s critiques of incompatibilism and free will skepticism are not intended to provide rational justifications for either compatibilism or the claim that some persons have free will. Hence, the charge that Strawson’s “arguments” are faulty is misplaced. The core assumption resting behind such critiques is mistaken. (shrink)

This is the introduction to a volume of new essays in the metaphysics of moral responsibility by John Martin Fischer, Carl Ginet, Ishtiyaque Haji, Alfred R. Mele, Derk Pereboom, Paul Russell, and Peter van Inwagen. I provide some background for the essays, cover the main debates in the metaphysics of moral responsibility, and emphasize some of the authors' contributions to this area of philosophy.

Given the available evidence, I argue that we face considerable uncertainty about free will. In particular, I argue that the available philosophical evidence does not support being highly confident in our theories about the nature of free will, though this does not necessarily mean that we should suspend judgment about either incompatibilism or compatibilism. For those who accept incompatibilism, however, I argue that there is enough uncertainty about libertarian free will that they should suspend judgment about whether we are ever (...) free, if not reject free will entirely. While I do not claim that compatibilists should be similarly agnostic about the existence of free will, I argue that most compatibilist theories are subject to considerable uncertainty as well, so that most compatibilists should be agnostic about how often we act freely. I conclude with a brief discussion of how we might address these issues going forward. (shrink)

Reflectivists consider reflective reasoning crucial for good judgment and action. Anti-reflectivists deny that reflection delivers what reflectivists seek. Alas, the evidence is mixed. So, does reflection confer normative value or not? This paper argues for a middle way: reflection can confer normative value, but its ability to do this is bound by such factors as what we might call epistemic identity: an identity that involves particular beliefs—for example, religious and political identities. We may reflectively defend our identities’ beliefs rather than (...) reflect open-mindedly to adopt whatever beliefs cohere with the best arguments and evidence. This bounded reflectivism is explicated with an algorithmic model of reflection synthesized from philosophy and science that yields testable predictions, psychometric implications, and realistic metaphilosophical suggestions—for example, overcoming motivated reflection may require embracing epistemic identity rather than veiling it (à la Rawls 1971). So bounded reflectivism should be preferred to views offering anything less. (shrink)

This essay critically examines Alfred R. Mele’s attempt to solve a problem for libertarianism that he calls the problem of present luck. Many have thought that the traditional libertarian belief in basically free acts (where the latter are any free A-ings that occur at times at which the past up to that time and the laws of nature are consistent with the agent’s not A-ing at that time) entail that the acts are due to luck at the time of the (...) act (present luck) rather than to the kind of agent control required for genuinely free, morally responsible action. While libertarians frequently have tried to rebut the claim that basically free acts are due to present luck, Mele argues for the daring thesis that they should embrace present luck rather than try to explain it away. His strategy is to argue that the assumption of present luck in the decisions of very young children (or “little agents”) does not preclude us from attributing to them a small amount of moral responsibility and that this makes it possible to conceive of moral development as a gradual process in which as the frequency of the indeterministically caused free actions increases, the agents take on greater and greater moral responsibility. In this paper I give several possible reconstructions of Mele’s argument and analyze in detail why none of them succeeds. (shrink)